HCS SB 303(FIN): "An Act relating to voter eligibility, voter registration, and voter registration agencies, to the electronic transmission of absentee ballot applications and the delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date."
00HOUSE CS FOR SENATE BILL NO. 303(FIN) 01 "An Act relating to voter eligibility, voter registration, and voter registration 02 agencies, to the electronic transmission of absentee ballot applications and the 03 delivery of ballots to absentee ballot applicants by electronic transmission, and 04 enacting a definition of the term `state election' for purposes of absentee voting; 05 and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. PURPOSE. The purpose of secs. 1 - 12 and 22 - 26 of this Act is to 08 implement 42 U.S.C. 1933gg (National Voter Registration Act of 1993) and to provide for a 09 voter registration system that is uniform for elections in Alaska for state and federal offices. 10 * Sec. 2. AS 15.05.020(10) is amended to read: 11 (10) The address of a voter as it appears on an official voter 12 registration card is presumptive evidence of the person's voting residence. This [IF 13 THE PERSON HAS CHANGED VOTING RESIDENCE, THIS] presumption is 14 negated only by the voter notifying [EXECUTING AN AFFIDAVIT ON A FORM
01 PREPARED BY] the director in writing of a change of [SETTING OUT THE NEW] 02 voting residence. 03 * Sec. 3. AS 15.05.030(a) is amended to read: 04 (a) A person convicted of a crime that constitutes a felony involving moral 05 turpitude under state or federal law may not vote in a state, federal, or [A] municipal 06 election from the date of the conviction through the date of the unconditional discharge 07 of the person. Upon the unconditional discharge, the person may register under 08 AS 15.07. 09 * Sec. 4. AS 15.07.050 is amended to read: 10 Sec. 15.07.050. REGISTRATION IN PERSON OR BY MAIL. Registration 11 may be made in person before a registration official or through a voter registration 12 agency, or may be made by mail. 13 * Sec. 5. AS 15.07 is amended by adding a new section to read: 14 Sec. 15.07.055. VOTER REGISTRATION AGENCIES. (a) The following 15 agencies are designated voter registration agencies: 16 (1) the Department of Public Safety, division of motor vehicles; 17 (2) divisions of the Department of Health and Social Services that 18 provide public assistance through the food stamp program, Medicaid program, Special 19 Supplemental Food Program for Women, Infants, and Children (WIC), and aid to 20 families with dependent children (AFDC) program; 21 (3) the division of the Department of Community and Regional Affairs 22 that is responsible for municipal and regional assistance programs; and 23 (4) all recruitment offices of the armed forces of the United States 24 located in Alaska. 25 (b) The director shall designate state-funded agencies that primarily provide 26 services to persons with disabilities as voter registration agencies. 27 (c) The director may designate other state or local agencies as voter 28 registration agencies. The director may designate a federal or nongovernmental office 29 as a voter registration agency with the agreement of that office. 30 (d) A voter registration agency shall distribute voter registration materials, 31 assist applicants in completing voter registration forms, and accept and transmit
01 completed voter registration forms to the director in accordance with regulations 02 adopted by the director to comply with 42 U.S.C. 1933gg (National Voter Registration 03 Act of 1993) and other requirements of federal law. 04 * Sec. 6. AS 15.07.064(e) is amended to read: 05 (e) The director shall review the information contained within an application 06 by a voter for registration. The director may not reject an application of a voter who 07 qualifies under (d) of this section because the voter provided information in excess of 08 that required to establish qualifications, including excess information qualifying as a 09 mailing address. The director may consider an application for registration within a 10 municipality or established village described in (d) of this section to comply with law 11 based on other information contained in the application, including evidence that 12 (1) the application was made in person before a voting registrar, 13 election judge, or absentee voting official appointed to serve in the municipality or 14 established village; 15 (2) the application of a voter registering by mail was postmarked by 16 the postal official in the municipality or established village; and [OR] 17 (3) [THE APPLICATION OF A VOTER REGISTERING BY MAIL 18 WAS WITNESSED BY TWO QUALIFIED VOTERS REGISTERED TO VOTE IN 19 THE MUNICIPALITY OR ESTABLISHED VILLAGE; AND 20 (4)] other information contained in the application does not negate the 21 presumption of residency provided under (a) of this section. 22 * Sec. 7. AS 15.07.070 is amended to read: 23 Sec. 15.07.070. PROCEDURE FOR REGISTRATION. (a) The director may 24 adopt regulations under AS 44.62 ( [THE] Administrative Procedure Act [(AS 44.62]) 25 relating to the registration of voters consistent with the requirements of this section 26 and federal law, including 42 U.S.C. 1933gg (National Voter Registration Act of 27 1993). 28 (b) To register by mail, the director, [OR] the area election supervisor, or a 29 voter registration agency shall furnish, [UPON REQUEST, AND] at no cost to the 30 voter, forms prepared by the director on which the registration information required 31 under AS 15.07.060 shall be inserted by the voter, or by a person on behalf of the
01 voter if the voter is physically incapacitated. [THE FORMS SHALL BE EXECUTED 02 BEFORE A NOTARY PUBLIC, A COMMISSIONED OFFICER OF THE ARMED 03 FORCES INCLUDING THE NATIONAL GUARD, A DISTRICT JUDGE OR 04 MAGISTRATE, A UNITED STATES POSTAL OFFICIAL, OR OTHER PERSON 05 QUALIFIED TO ADMINISTER OATHS. IF NONE OF THE OFFICIALS LISTED 06 IN THIS SUBSECTION IS REASONABLY ACCESSIBLE, THE PERSON SHALL 07 HAVE THE FORMS WITNESSED BY TWO PERSONS OVER THE AGE OF 18 08 YEARS, AND, IN ADDITION, SHALL PROVIDE THE CERTIFICATION 09 REQUIRED BY AS 09.63.020.] The director may require proof of identification of 10 the applicant as required by regulations adopted by the director under AS 44.62 ( 11 [THE] Administrative Procedure Act [(AS 44.62]). Upon receipt and approval of the 12 completed registration forms the director or the election supervisor shall forward to the 13 voter an acknowledgment in the form of a registration card, and the voter's name shall 14 immediately be placed on the master register located in the office of the director and 15 on the district register located in the office of the election supervisor. If the 16 registration is denied, the voter shall immediately be informed in writing [BY 17 CERTIFIED OR REGISTERED LETTER] that registration was denied and the reason 18 for denial. 19 (c) The names of persons submitting completed registration forms by mail that 20 are postmarked [RECEIVED BY THE DIRECTOR OR ELECTION SUPERVISOR] 21 at least 30 days before the next election shall be placed on the official registration list 22 for that election. If a registration form received by mail less than 30 days before 23 an election does not have a legible and dated postmark, the name of the person 24 submitting the form shall be placed on the official registration list for that election 25 if the form was signed and dated by the person at least 30 days before the election 26 and if the form is received by the director or election supervisor at least 25 days 27 before the election. The name of a person submitting a completed registration form 28 by mail that does [WAS] not meet the applicable requirements of this subsection 29 [RECEIVED BY THE DIRECTOR OR ELECTION SUPERVISOR BEFORE THE 30 30-DAY REQUIREMENT] may not be placed on the official registration list for that 31 [THE NEXT] election but shall be placed on the master register after that election.
01 (d) Qualified voters may register in person before a registration official or 02 through a voter registration agency at any time throughout the year, except that a 03 person registering within 30 days preceding an election may not vote at that election. 04 Upon receipt and approval of the registration forms the director or the election 05 supervisor shall forward to the voter an acknowledgment in the form of a registration 06 card and the voter's name shall immediately be placed on the master register located 07 in the office of the director and on the district register located in the office of the 08 election supervisor. Names of persons registering 30 or more days before an election 09 shall be placed on the official registration list for that election. 10 (e) [REPEALED] 11 (f) Incomplete or inaccurate registration forms may not be accepted. A person 12 who submitted an incomplete or inaccurate [AND SHALL BE REEXECUTED. 13 THE DATE OF] registration form may register by reexecuting and resubmitting 14 a registration form in person or by mail. The requirements of (c) or (d) of this 15 section apply to a [SHALL BE THE DATE OF REEXECUTION BEFORE A 16 REGISTRATION OFFICIAL OR THE DATE THE APPLICATION IS RECEIVED 17 BY THE DIRECTOR OR ELECTION SUPERVISOR IF THE APPLICATION FOR] 18 registration form resubmitted under this subsection [IS BY MAIL]. 19 (g) The director shall provide voter registration forms prepared under (b) of 20 this section to voter registration agencies designated under AS 15.07.055 [THE 21 DEPARTMENT OF PUBLIC SAFETY] for distribution to the public [UNDER 22 AS 28.05.045]. 23 * Sec. 8. AS 15.07.090(b) is amended to read: 24 (b) A voter shall reregister if the voter's registration is cancelled [FOR 25 FAILURE TO VOTE IN PRIOR ELECTIONS] as provided in AS 15.07.130. The 26 reregistration is effective for the next election that occurs at least [MAY NOT BE 27 MADE LATER THAN] 30 days after the date of reregistration [PRECEDING AN 28 ELECTION]. 29 * Sec. 9. AS 15.07.125 is amended to read: 30 Sec. 15.07.125. OFFICIAL REGISTRATION LIST. The director shall prepare 31 an official registration list for each election consisting of the [ALL] names of (1) all
01 voters whose registrations are not inactive; and (2) all voters whose names are 02 required to be placed on the list by AS 15.07.070(c) or (d) [APPEARING ON THE 03 MASTER REGISTER 30 DAYS BEFORE THE ELECTION]. A list of persons 04 eligible to vote in each precinct at that election shall be prepared from the official 05 registration list. 06 * Sec. 10. AS 15.07.130 is amended to read: 07 Sec. 15.07.130. VOTER REGISTRATION LIST MAINTENANCE 08 [ELIMINATION OF EXCESS NAMES]. (a) At the close of each calendar year the 09 area election supervisor shall examine the register maintained by the supervisor 10 under AS 15.07.120. 11 (b) When a registered voter [HAS NOT REREGISTERED OR] has not 12 indicated in writing a desire to remain registered [AS PROVIDED IN THIS 13 SUBSECTION] within the preceding two calendar years and [OR] has not voted in 14 a local, regional school board, primary, special, or general election at least once in two 15 consecutive calendar years, the voter shall be advised by a notice sent by forwardable 16 mail [SENT] to the voter's last known address that registration will be inactivated 17 [CANCELLED] unless the voter responds to the notice at least 30 [INDICATES 18 WITHIN 90] days before the date of the next primary election on a form [FORMS] 19 furnished by the director. The director shall maintain on the master register the 20 name of a voter whose registration is inactivated. The director shall cancel a 21 voter's inactive registration after the second general election that occurs after the 22 registration becomes inactive if the voter does not vote either a questioned ballot 23 or an absentee ballot that is counted under AS 15.15.198(b) at or before that 24 election [A DESIRE TO REMAIN REGISTERED]. 25 (c) The director shall obtain from the bureau [OFFICE] of vital statistics a 26 certified list of all residents over 18 years of age who have died or who have been 27 presumptively declared dead. The director shall cancel the registration of all deceased 28 voters. 29 * Sec. 11. AS 15.07.130 is amended by adding a new subsection to read: 30 (d) The notice described in (b) of this section must include a postage prepaid 31 and preaddressed return card on which the voter may state the voter's current address.
01 The notice must indicate 02 (1) that the voter should return the card not later than 30 days before 03 the next primary election if the voter did not change residence; 04 (2) that the voter may vote only a questioned or absentee ballot if the 05 voter does not return the card at least 30 days before the next primary election; 06 (3) that the voter's registration will be cancelled if the voter does not 07 vote in an election held during the period beginning on the date of the notice and 08 ending on the day after the date of the second general election that occurs after the 09 date of notice; and 10 (4) how the voter can continue to be eligible to vote if the voter has 11 changed residence. 12 * Sec. 12. AS 15.10.105(a) is amended to read: 13 (a) The lieutenant governor shall control and supervise the division of 14 elections. The lieutenant governor shall appoint a director of elections. The director 15 shall act for the lieutenant governor in the supervision of central and regional election 16 offices, the employment and training of election personnel, and the administration of 17 all state elections as well as those municipal elections which the state is required to 18 conduct. The director is responsible for the coordination of state responsibilities 19 under 42 U.S.C. 1933gg (National Voter Registration Act of 1993). The director 20 serves at the pleasure of the lieutenant governor. 21 * Sec. 13. AS 15.15.198(b) is amended to read: 22 (b) A person whose registration is inactive [HAS BEEN CANCELLED] under 23 AS 15.07.130(b) and who votes a questioned or absentee ballot shall have the ballot 24 counted if 25 (1) the person was registered to vote for either of the two most recent 26 general elections; 27 (2) the person signs under oath a statement to that effect; and 28 (3) the earlier registration is verified by the director. 29 * Sec. 14. AS 15.20.081(a) is amended to read: 30 (a) A qualified voter may apply by mail or by electronic transmission to the 31 director for an absentee ballot. The application must [SHALL] include the address or,
01 if the application requests delivery of an absentee ballot by electronic 02 transmission, the telephone electronic transmission number, to which the absentee 03 ballot is to be returned, the applicant's full Alaska residence address, and the 04 applicant's signature. However, a person [PERSONS] residing outside the United 05 States and applying to vote absentee in federal elections in accordance with 06 AS 15.05.011 need not include an Alaska residence address in the application. 07 * Sec. 15. AS 15.20.081(b) is amended to read: 08 (b) An application requesting delivery of [FOR] an absentee ballot to the 09 applicant by mail must be received by the division of elections not less than seven 10 [FOUR] days before the election for which the absentee ballot is sought. An 11 application for an absentee ballot for a state election from a qualified voter 12 requesting delivery of an absentee ballot to the applicant by electronic 13 transmission must be received by the division of elections not less than four days 14 before the election for which the absentee ballot is sought. An [THE] absentee 15 ballot application submitted by mail under this section must permit the person to 16 register to vote under AS 15.07.070 and to request an absentee ballot for each state 17 election held within that calendar year for which the voter is eligible to vote. An 18 absentee ballot application submitted by electronic transmission under this section 19 may not include a provision that permits a person to register to vote under 20 AS 15.07.070. 21 * Sec. 16. AS 15.20.081(c) is amended to read: 22 (c) After receipt of an application [BY MAIL], the director shall send the 23 absentee ballot and other absentee voting material to the applicant by priority mail. 24 However, if the application requests that an absentee ballot for a state election be 25 sent by electronic transmission, the director shall send the absentee ballot and 26 other absentee voting material to the applicant by electronic transmission. The 27 absentee ballot and other absentee voting [THE MOST EXPEDITIOUS MAIL 28 SERVICE. THE] material shall be sent as soon as they are ready for distribution. If 29 the absentee ballot and other absentee voting material are mailed to the applicant, 30 the [THE] return envelope sent with the ballot and other materials shall be addressed 31 to the election supervisor in the district in which the voter is a resident.
01 * Sec. 17. AS 15.20.081(e) is amended to read: 02 (e) An absentee ballot must be marked on or before the date of the election. 03 Except as provided in (h) of this section, a voter who returns the absentee ballot, 04 whether provided to the voter by mail or by electronic transmission, shall use a 05 mail service at least equal to first class and mail the ballot not later than the day of the 06 election to the election supervisor for the election district in which the voter seeks to 07 vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 08 received by the close of business on the 10th day after the election. If the ballot is 09 postmarked, it must be postmarked on or before election day. After the day of the 10 election, [NO] ballots may not [SHALL] be accepted unless received by mail. 11 * Sec. 18. AS 15.20.081(g) is amended to read: 12 (g) The director shall maintain a record of the name of each voter to whom 13 an absentee ballot is sent under this section [BY MAIL]. The record must list the 14 date on which the ballot is mailed or provided by electronic transmission and the 15 date on which the ballot is received by the election supervisor and the dates on which 16 the ballot was executed and postmarked. 17 * Sec. 19. AS 15.20.082 is amended by adding a new subsection to read: 18 (e) The provisions of AS 15.20.081 relating to electronic transmission absentee 19 voting do not apply to the procedures established in this section. 20 * Sec. 20. AS 15.20.211(b) is amended to read: 21 (b) If a voter requested an absentee ballot [BY MAIL] and the proper absentee 22 ballot was not sent to the voter, the votes cast by the voter on the ballot received 23 which are for write-in candidates the voter could have voted for if the voter had 24 received and voted the proper absentee ballot shall be counted. 25 * Sec. 21. AS 15.20 is amended by adding a new section to read: 26 Sec. 15.20.225. DEFINITION OF "STATE ELECTION." In AS 15.20.010 - 27 15.20.225, "state election" means a primary, general, or special election a purpose of 28 which is to 29 (1) select, nominate, or elect a governor and lieutenant governor, an 30 acting governor, a state senator, or a state representative; 31 (2) select, nominate, or elect delegates to a constitutional convention;
01 (3) approve or reject an initiative submitted under art. XI of the state 02 constitution and AS 15.45.190 - 15.45.200 or a referendum submitted under art. XI of 03 the state constitution and AS 15.45.420 - 15.45.440; 04 (4) recall an official identified in (1) of this section when authorized 05 by art. XI of the state constitution and AS 15.45.650 - 15.45.690; 06 (5) approve or reject a proposed constitutional amendment submitted 07 under AS 15.50; or 08 (6) ratify or reject a state general obligation bond when authorized by 09 AS 37.15. 10 * Sec. 22. AS 15.60.010 is amended by adding a new paragraph to read: 11 (36) "voter registration agency" means an agency designated in or 12 under AS 15.07.055. 13 * Sec. 23. AS 28.05.045 is amended to read: 14 Sec. 28.05.045. VOTER REGISTRATION. The division of motor vehicles 15 shall comply with AS 15.07.055 to serve as a voter registration agency to the 16 extent required by state and federal law, including 42 U.S.C. 1933gg (National 17 Voter Registration Act of 1993) and this section. A state resident, who will be 18 18 years of age or older within 90 days, who applies in an office of the division of motor 19 vehicles for a driver's license, identification card issued under AS 18.65.310, or 20 vehicle registration under AS 28.10 shall at the time of application be advised by the 21 division [DEPARTMENT] that the resident may also register to vote. The 22 application submitted by the resident shall serve as an application for voter 23 registration unless the resident fails to sign the voter registration portion of the 24 application. The division of motor vehicles [DEPARTMENT] shall [USE A FORM 25 FOR VOTER REGISTRATION PREPARED BY THE DIVISION OF ELECTIONS 26 AND SHALL] forward completed voter registration forms to the division of 27 elections. The division of motor vehicles [DEPARTMENT] shall prominently display 28 notice of the right to apply for voter registration at each place that the public may 29 apply for a driver's license, identification card, or vehicle registration. 30 * Sec. 24. AS 44.29.020 is amended by adding a new subsection to read: 31 (b) The Department of Health and Social Services shall comply with
01 AS 15.07.055 to serve as a voter registration agency to the extent required by state and 02 federal law, including 42 U.S.C. 1933gg (National Voter Registration Act of 1993). 03 * Sec. 25. AS 44.47.050 is amended by adding a new subsection to read: 04 (c) The department shall comply with AS 15.07.055 to serve as a voter 05 registration agency to the extent required by state and federal law, including 42 U.S.C. 06 1933gg (National Voter Registration Act of 1993). 07 * Sec. 26. The director of the division of elections may proceed to adopt regulations to 08 implement the changes made by this Act. The regulations take effect under AS 44.62 09 (Administrative Procedure Act), but not before the effective date of secs. 1 - 12 and 22 - 25 10 of this Act. 11 * Sec. 27. Sections 13 - 21 and 26 of this Act take effect immediately under 12 AS 01.10.070(c).